self determination statehood and the law of negotiation the case of palestine

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Self Determination Statehood And The Law Of Negotiation

Author : Robert P. Barnidge, Jr.
ISBN : 9781509902415
Genre : Law
File Size : 59. 50 MB
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From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli?Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli?Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.

Is There A Court For Gaza

Author : Chantal Meloni
ISBN : 9789067048194
Genre : Law
File Size : 56. 24 MB
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The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.

The Case For Palestine

Author : John B. Quigley
ISBN : 0822335395
Genre : History
File Size : 37. 40 MB
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A history of the conflict between Israel and the Palestinians from the perspective of international law that examines the extent to which legitimate interests remain to be fulfilled.

Statehood And Self Determination

Author : Duncan French
ISBN : 9781107029330
Genre : Law
File Size : 31. 76 MB
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Provides detailed analysis of fundamental issues of statehood and recognition, self-determination, and the rights of indigenous peoples.

Brokers Of Deceit

Author : Rashid Khalidi
ISBN : 9780807044766
Genre : Political Science
File Size : 21. 2 MB
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Winner of the 2014 Lionel Trilling Book Award An examination of the failure of the United States as a broker in the Palestinian-Israeli peace process, through three key historical moments For more than seven decades the conflict between Israel and the Palestinian people has raged on with no end in sight, and for much of that time, the United States has been involved as a mediator in the conflict. In this book, acclaimed historian Rashid Khalidi zeroes in on the United States’s role as the purported impartial broker in this failed peace process. Khalidi closely analyzes three historical moments that illuminate how the United States’ involvement has, in fact, thwarted progress toward peace between Israel and Palestine. The first moment he investigates is the “Reagan Plan” of 1982, when Israeli prime minister Menachem Begin refused to accept the Reagan administration’s proposal to reframe the Camp David Accords more impartially. The second moment covers the period after the Madrid Peace Conference, from 1991 to 1993, during which negotiations between Israel and Palestine were brokered by the United States until the signing of the secretly negotiated Oslo accords. Finally, Khalidi takes on President Barack Obama’s retreat from plans to insist on halting the settlements in the West Bank. Through in-depth research into and keen analysis of these three moments, as well as his own firsthand experience as an advisor to the Palestinian delegation at the 1991 pre–Oslo negotiations in Washington, DC, Khalidi reveals how the United States and Israel have actively colluded to prevent a Palestinian state and resolve the situation in Israel’s favor. Brokers of Deceit bares the truth about why peace in the Middle East has been impossible to achieve: for decades, US policymakers have masqueraded as unbiased agents working to bring the two sides together, when, in fact, they have been the agents of continuing injustice, effectively preventing the difficult but essential steps needed to achieve peace in the region. From the Hardcover edition.

The Palestine Yearbook Of International Law

Author : Anis F. Kassim
ISBN : STANFORD:36105060203606
Genre : Law
File Size : 40. 40 MB
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The End Of Ideology

Author : Daniel Bell
ISBN : 0674004264
Genre : Social Science
File Size : 37. 25 MB
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This work first argued that the older humanistic ideologies from the 19th and early 20th centuries were exhausted, and that new parochial ideologies would arise. This 2000 edition argues that there is a resumption of history with the end of communism and the return of traditional conflicts.

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